By: LTC Allen West

Recently, the US Supreme Court issued a 5-4 decision to support President Trump’s March 15th Executive Order designating certain criminal illegal immigrant gangs as terrorist organizations and their members as terrorists. Interestingly enough, Justice Amy Coney Barrett joined with leftist Justices Sotomayor, Kagan, and Brown-Jackson.

President Trump invoked the 1798 Alien Enemies Act as legal justification to support their immediate deportation. Then there was U.S. District Court Judge James Boasberg in the DC court, who decided to inject himself into what is a Presidential constitutional duty. Funny thing, we did not hear Judge Boasberg saying anything about Joe Biden disavowing our Constitution’s Article IV, Section 4 and allowing the undermining of our national sovereignty. Just for common knowledge, let me lay out the actual first two sections of the Alien Enemies Act of 1798:

FIFTH CONGRESS OF THE UNITED STATES:

At the Second Session,
Begun and held at the city of Philadelphia, in the state of Pennsylvania, on Monday, the thirteenth of November, one thousand seven hundred and ninety-seven.

An Act Concerning Aliens.

SECTION 1. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order, which order shall be served on such alien by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed. And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States. Provided always, and be it further enacted, that if any alien so ordered to depart shall prove to the satisfaction of the President, by evidence to be taken before such person or persons as the President shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the President may grant a license to such alien to remain within the United States for such time as he shall judge proper, and at such place as he may designate. And the President may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties to the satisfaction of the per- son authorized by the President to take the same, conditioned for the good behavior of such alien during his residence in the United States, and not violating his license, which license the President may revoke, whenever he shall think proper.

SEC. 2. And be it further enacted, That it shall be lawful for the President of the United States, whenever he may deem it necessary (for the public safety, to order to be removed out of the territory thereof, any alien who mayor shall be in prison in pursuance of this act; and to cause to be arrested and sent out of the United States such of those aliens as shall have been ordered to depart therefrom and shall not have obtained a license as aforesaid, in all cases where, in the opinion of the President, the public safety requires a speedy removal. And if any alien so removed or sent out of the United States by the President shall voluntarily return thereto, unless by permission of the President of the United States, such alien on conviction thereof, shall be imprisoned so long as, in the opinion of the President, the public safety may require.

Now, the SCOTUS also decided that these individuals did have the right to challenge their deportation. Here is my question: do non-state, non-uniformed belligerents captured in our Nation possess rights? These are single military-age males, mainly, and some females who are here in our country illegally and committing criminal acts against American citizens. They have to be seen as invading (the words of Article IV, Section 4 of the Constitution) and engaging in predatory acts against our citizenry. Yes, we refer to them as criminal illegal immigrants, but in essence, they are members of a terrorist organization conducting acts of violence.

Ask yourself, if we apprehended a member of Al Qaeda, Taliban, Hamas, Hezbollah, or any other designated terrorist organization in America here illegally, are they deserving of due process…constitutional protections and rights? The Alien Enemies Act clearly articulates that it is the duty of the President of the United States to provide safety and security and that said individuals should be expeditiously deported. So, why are we playing this insidious game of “feelings” with people who are illegally in our country and doing harm to our citizens?

It is time we see America as a battlefield; the enemy does. This is not a simple issue of rights and legal proceedings. Consider 30K single military-age male Chinese who have gained entry into our Country. They are from a Country that is conducting a chemical warfare attack against our Nation, resulting in over a quarter of a million deaths of Americans. This is about our national and domestic security. And groups like the transnational narco-criminal terrorist cartels are also non-state, non-uniformed belligerents.

Now, if you are an American citizen cooperating, enabling, aiding and abetting these groups, yes, you should be arrested on felony charges thereof, including treason, but you have constitutional rights and protections. If you are here illegally, you do not!

And I do not need anyone with a law degree to explain this to me…it is all about common sense. It is all about protecting America and Americans. And that is why the ACRU has started its Defender Initiative, because we will call out those who expose Americans to criminal illegal immigrants and positively recognize those who do.

Steadfast and Loyal.